A harassment restraining order (HRO) is a court order designed to protect a person from unwanted acts, words, or conduct that substantially affects their safety, security, or privacy.
In Minnesota, HROs can be obtained without a criminal charge being filed. At Martine Law, our attorneys help clients both request and defend against HROs, ensuring their rights are fully protected.
What counts as harassment in Minnesota?
Under Minnesota Statute § 609.748, harassment can include:
- Repeated unwanted phone calls, texts, emails, or messages
- Stalking or following a person
- Repeatedly showing up at a person’s home or workplace without reason
- Threatening acts or words
- Using someone’s personal information to cause harm (doxing)
- Targeted harassment through social media
The conduct must have a substantial adverse effect on your safety, security, or privacy.
Who can request an HRO?
You may file for an HRO if you are:
- The victim of harassment
- A parent or guardian of a minor who is being harassed
- An authorized representative for someone unable to file on their own
Unlike Orders for Protection (OFPs), which are for cases involving family or household members and domestic abuse, HROs can be sought against anyone, regardless of relationship.
How to get a harassment restraining order in Minnesota
Step 1: File a petition
You or your attorney file a petition in the district court of the county where you or the respondent lives.
Step 2: Judge review
The judge can grant a temporary ex parte HRO immediately if there is an immediate danger.
Step 3: Service of order
The respondent is served with the petition and temporary order (if granted).
Step 4: Hearing (if requested or required)
If the respondent requests a hearing, both sides present evidence. The judge decides whether to grant a final HRO.
Step 5: Final order issued
A final HRO can last up to two years and be extended in some cases.
Penalties for violating an HRO
Violating an HRO is a criminal offense in Minnesota and can lead to:
- Misdemeanor charges for a first offense
- Gross misdemeanor or felony charges for repeat violations or if a firearm is involved
- Jail time, fines, and a permanent criminal record
If you are accused of violating an HRO, a Minnesota criminal defense attorney can help fight the charges.
Defending against an HRO
If you have been served with an HRO you believe is unjustified, you have the right to:
- Request a hearing
- Present evidence and witnesses in your defense
- Challenge the credibility of the petitioner’s claims
An attorney can help show the court why the order is unnecessary or overly broad.
Key takeaways
- An HRO protects against harassment from anyone, not just family or household members.
- You can request a temporary order without notifying the other party if immediate danger exists.
- Violating an HRO can result in criminal charges and serious penalties.
- Legal representation is important whether you are seeking or challenging an HRO.
Need help with an HRO in Minnesota?
Whether you need protection or are defending against an HRO, our attorneys are ready to help.
Contact Martine Law for a confidential consultation.